2002 (10) TMI 14 - HC - Income Tax

Court rules property transfer to daughter subject to gift-tax liability; rejects maintenance settlement argument. Interest waiver denied.

The court ruled in favor of the Revenue, determining that the property transferred by the assessee to her daughter was subject to gift-tax liability. The ... Gift Tax Act, 1958 - obligation on the part of Christian father to maintain or educate his minor children - held that the obligation of a Hindu father or a Christian father to maintain his daughters ceases with the marriage of the daughter and thereafter it is the obligation of their husbands to maintain them - gift of land given by Christian father to his daughter at the time of her marriage is not exempted from gift tax Issues:Interpretation of legal obligation of a Christian father to maintain his daughter under the Gift-tax Act, 1958. Valuation of property gifted by an assessee to her daughter and its liability to gift-tax.Analysis:The judgment pertains to a reference under section 26(1) of the Gift-tax Act, 1958, regarding the legal obligation of a Christian father to maintain his daughter and the gift-tax liability of property transferred by an assessee to her daughter. The respondent-assessee gifted land to her daughter, valuing it at Rs. 1,50,000, while the assessing authority determined the taxable gift at Rs. 1,20,000. The assessee contended that the transaction was not subject to gift-tax, leading to appeals and subsequent orders. The Tribunal relied on previous decisions, prompting the Revenue to challenge the matter. The Revenue argued that the transaction was taxable based on subsequent court decisions reversing earlier rulings.The counsel for the assessee argued that the authorities did not consider the deed transferring the property to the daughter, emphasizing it was a settlement for the daughter's future maintenance of the assessee. The appellate authorities accepted the claim, citing a custom in the Christian community of giving properties to daughters at marriage for maintenance. However, the court referenced previous judgments that rejected the notion of ongoing maintenance obligations for daughters post-marriage, applicable to both Hindu and Christian fathers. Consequently, the court ruled in favor of the Revenue on the gift-tax liability of the transferred property.The court declined to address certain limbs of the initial question due to the resolution of the third and fourth limbs in favor of the Revenue. The assessee's request to waive or reduce interest on the gift-tax liability was not granted, with the court clarifying its inability to issue such directives in an advisory capacity. The judgment was to be forwarded to the Income-tax Appellate Tribunal for further action based on the court's decision.